Page:United States Statutes at Large Volume 124.djvu/3362

124 STAT. 3336 PUBLIC LAW 111–314—DEC. 18, 2010 (2) PUBLIC NOTICE AND DUE CONSIDERATION OF PROPOSALS.— A concession agreement under this subsection may be nego- tiated with any qualified proposer following due consideration of all proposals received after reasonable public notice of the intention to contract. (3) REASONABLE OPPORTUNITY FOR PROFIT.—The concessioner shall be afforded a reasonable opportunity to make a profit commensurate with the capital invested and the obligations assumed. The consideration paid by the concessioner for the concession shall be based on the probable value of the oppor- tunity and not on maximizing revenue to the United States. (4) RECORDS AND ACCESS TO RECORDS.—Each concession agreement shall specify the manner in which the concessioner’s records are to be maintained, and shall provide for access to the records by the Administration and the Comptroller Gen- eral of the United States for a period of 5 years after the close of the business year to which the records relate. (5) POSSESSORY INTERESTS.—A concessioner may be accorded a possessory interest, consisting of all incidents of ownership except legal title (which shall vest in the United States), in any structure, fixture, or improvement the concessioner con- structs or locates upon land owned by the United States. With the approval of the Administration, such possessory interest may be assigned, transferred, encumbered, or relinquished by the concessioner, and, unless otherwise provided by contract, shall not be extinguished by the expiration or other termination of the concession and may not be taken for public use without just compensation. (l) DETAILING MEMBERS OF ARMED SERVICES.—In the performance of its functions, the Administration is authorized, with the approval of the President, to enter into cooperative agreements under which members of the Army, Navy, Air Force, and Marine Corps may be detailed by the appropriate Secretary for services in the perform- ance of functions under this chapter to the same extent as that to which they might be lawfully assigned in the Department of Defense. (m) CLAIMS AGAINST THE UNITED STATES.—In the performance of its functions, the Administration is authorized— (1) to consider, ascertain, adjust, determine, settle, and pay, on behalf of the United States, in full satisfaction thereof, any claim for $25,000 or less against the United States for bodily injury, death, or damage to or loss of real or personal property resulting from the conduct of the Administration’s functions as specified in section 20112(a) of this title, where such claim is presented to the Administration in writing within 2 years after the accident or incident out of which the claim arises; and (2) if the Administration considers that a claim in excess of $25,000 is meritorious and would otherwise be covered by this subsection, to report the facts and circumstances to Con- gress for its consideration. § 20114. Administration and Department of Defense coordination (a) ADVISE AND CONSULT.—The Administration and the Depart- ment of Defense, through the President, shall advise and consult with each other on all matters within their respective jurisdictions